JUDGMENT

D. Dash, J. - Since both the above noted Appeals arise out of final decision recorded in T.S. No.267 of 1991 in the Court of the learned Civil Judge, Junior Division, 1st Court, Cuttack; those had been heard together and this common judgment is passed.

It be stated here that Kailash Behera (Appellant No.1 in RSA No.254 of 2010 and Respondent in RSA No.299 of 2010) as the Plaintiff had filed the suit seeking permanent injunction against Ashok Kumar Mitra, Ajit Kumar Mitra, Aparna Mitra, Ansu Kumar Mitra and Swapna Mitra arraigning them as the Defendants. During pendency of the suit, Ajit Kumar Mitra, who had been arraigned as Defendant No.2, having expired, his legal representatives have come on record.

All those Defendants are now the Respondents in RSA No.254 of 2010 and Appellants in RSA No.229 of 2010.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Suit.

3. It would be appropriate at this stage to mention that in the suit, the Defendants had filed a counter claim with a prayer to pass a decree of eviction of the Plaintiff from the southern portion of the sui